HomeMy WebLinkAbout021828 RES - 12/21/1993RESOLUTION
DIRECTING CENTRAL POWER & LIGHT COMPANY TO FILE CERTAIN
INFORMATION WITH THE CITY OF CORPUS CHRISTI; SETTING A
PROCEDURAL SCHEDULE FOR THE GATHERING AND REVIEW OF
NECESSARY INFORMATION IN CONNECTION THEREWITH; SETTING
DATES FOR THE FILING OF THE CITY'S ANALYSIS OF THE
COMPANY'S FILING AND THE COMPANY'S REBUTTAL TO SUCH
ANALYSIS; SETTING A PUBLIC HEARING FOR THE PURPOSES OF
DETERMINING IF THE EXISTING RATES OF CENTRAL POWER &
LIGHT COMPANY ARE UNREASONABLE OR IN ANY WAY IN VIOLATION
OF ANY PROVISION OF LAW AND THE DETERMINATION BY THE CITY
OF CORPUS CHRISTI OF JUST AND REASONABLE RATES TO BE
CHARGED BY CENTRAL POWER & LIGHT COMPANY; PROVIDING FOR
COOPERATION WITH OTHER CITIES EXERCISING ORIGINAL RATE
JURISDICTION; AND CONSOLIDATING A RELATED COMPLAINT.
WHEREAS, the City of Corpus Christi is a regulatory
authority under the Public Utility Regulatory Act (PURA) and has
original jurisdiction over the rates of Central Power & Light
Company (CPL) to determine if such rates are just and reasonable;
and
WHEREAS, Section 42 of PURA empowers a regulatory
authority, on its own motion or on complaint by any affected
person, to determine whether the existing rates of any public
utility for any service are unreasonable or in any way in violation
of any provision of law, and upon such determination, to determine
the just and reasonable rates; and
WHEREAS, the City Council of the City of Corpus Christi
desires, on its own motion, to exercise its authority under Section
42 of PURA; and
WHEREAS, a procedural schedule should be established for
the filing of certain information by CPL, procedures to be followed
to obtain and review information from CPL, the filing of an
analysis of such information by the City, the filing of rebuttal
information from CPL, and a public hearing at which time the City
shall make a determination whether the existing rates of CPL are
unreasonable or are in any way in violation of any provision of law
and if such rates should be revised and just and reasonable rates
determined for CPL; and
WHEREAS, the City of Corpus Christi should cooperate with
other cities exercising their original jurisdiction respecting CPL
rates in order to minimize expenses; and
WHEREAS, on November 23, 1993, a Petition To C.C. City
Council Seeking Reduction In Electric Rate was filed by Raymond F.
Hasker, which raises certain issues regarding the reasonableness of
CPL's rates, and , since those issues are included within the scope
of issues to be considered in this proceeding initiated by the City
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Council, said Petition should be consolidated with the City's
reviews.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. On or before February 18, 1994, CPL shall
file, with the City of Corpus Christi, Schedules A, B, C, D, E, F,
G, H, I, J, K, 0, and S of the Rate Filing Package of the Public
Utility Commission of Texas, along with all associated work papers.
Testimony need not be prepared, but a narrative description shall
be provided sufficient to describe such information and costs shall
be allocated to customer classes.
SECTION 2. City's representatives shall have the right
to obtain additional information from the Company through the
filing of requests for information, which shall be responded to
within seven (7) days from the receipt of such request for
information. Other parties shall have access to such information,
and may request City's representatives to request other specified
information.
SECTION 3. The City's designated representatives shall
file their analysis of CPL's filing and information gathered on or
before April 4,. 1994.
SECTION 4. CPL shall file any rebuttal to the analysis
of the City's representatives on or before April 13, 1994.
SECTION 5. A public hearing shall be conducted by the
City Council for the City of Corpus Christi on April 19, 1994,
during the regular council meeting scheduled to commence at 2:00
p.m. Based on such hearing, a determination of the reasonableness
of the existing rates of CPL shall be made by the City Council and,
if necessary, just and reasonable rates shall be determined to be
thereafter observed and enforced for all services of CPL within the
City of Corpus Christi, Texas. Such public hearing may be
conducted in conjunction with public hearings conducted by other
municipalities served by CPL.
SECTION 6. The City Council may, from time to time,
amend this procedural schedule and enter additional orders as may
be necessary in the public interest and to enforce the provisions
hereof.
SECTION 7. Subject to the right to terminate such
participation at any time by written notice and to act
independently in the exercise of local regulatory authority, the
City of Corpus Christi shall join with other cities in the CPL
service area presently exercising their original jurisdiction under
Section 42 of PURA to conduct the review and proceedings specified
in this resolution, and shall participate in the Steering Committee
of such cities which shall select and supervise the law firm of
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Butler, Porter, Gay & Day and other qualified consultants, who
shall review CPL's existing rates and act as directed by the
Steering Committee to assist the cities and to prosecute any
appeals to the Texas Public Utility Commission or court. James R.
Bray is appointed as the City's representative on such Steering
Committee. It is specifically understood that this participation
will not necessitate the expenditure of any funds from the City
budget. CPL shall reimburse the City for the reasonable costs of
attorneys and consultants upon presentation of invoices by the
Steering Committee.
SECTION 8. The Petition To C.C. City Council Seeking
Reduction In Electric Rate filed by Raymond F. Hasker November 23,
1993, is hereby consolidated with the proceedings initiated by the
City Council in this resolution.
ATTEST:
eza . City Secreta MAYOR
T CIT)OF CORPUS CHRISTI
APPROVED: /5 DAY OF Oec c .—.Li-cv- , 19 t
JAMES R. BRAY, JR., CITY ATTORNEY
By
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City Attokney
Corpus Christi, Texas
2\ day of
Df u ink 4'
19 "1
The above resolution was passed by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
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